Kirchner v. Shred-It USA, Inc. et al

Filing 63

FINAL APPROVAL ORDER AND JUDGMENT as to defendant Shred-It USA Inc. signed by Senior Judge William B. Shubb on 10/20/15. (Mena-Sanchez, L) Modified on 10/22/2015 (Kirksey Smith, K).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Michael Kirchner, an individual, on behalf of
himself and all others similarly situated,

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Plaintiff,

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Case No. 2:14-CV-01437-WBS-EFB
CLASS ACTION

vs.

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FINAL APPROVAL ORDER AND
JUDGMENT

Shred-It USA Inc., a Delaware Corporation, First
Advantage LNS Screening Solutions, Inc., and
Does 1 through 10,

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Defendants.

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Based on the parties’ Joint Motion for Final Approval of the Proposed Settlement, the Final

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Fairness Hearing, and good cause shown, and the Court expressly finding that there is no just reason for
delay, IT IS HEREBY ORDERED:
1.

“Settlement Agreement”) and the definition of words and terms contained therein are

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incorporated by reference in this Order. The terms of this Court’s Preliminary Approval Order

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are also incorporated by reference in this Order.

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The Settlement Agreement, dated February 11, 2015 , including its exhibits (the

2.

This Court has jurisdiction over the subject matter of the Action and over the Parties,
including all members of the following Settlement Class certified for settlement purposes in this
FINAL APPROVAL ORDER AND JUDGMENT
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Court’s Preliminary Approval Order:

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All individuals as to whom, during the period from June 16, 2009 through June 16, 2014,
Shred-it procured or caused to be procured a consumer report for employment purposes
who signed an authorization form, in electronic or written form, allowing for consumer
reports to be obtained which included a liability release or other language of any kind
other than the authorization and disclosure permitted under the Fair Credit Reporting Act,
15 U.S.C. 1681b(b)(2).

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3.

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settlement negotiations among Plaintiff, Class Counsel and Shred-it.
4.

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Settlement Agreement in compliance with this Court’s Preliminary Approval Order.
5.

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Agreement fully satisfy Rule 23 of the Federal Rules of Civil Procedure and the

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requirements of due process, was the best notice practicable under the circumstances, provided

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individual notice to all members of the Settlement Class who could be identified through

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reasonable effort, and support the Court’s exercise of jurisdiction over the Settlement Class as

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contemplated in the Settlement and this Order.
6.

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1715, fully satisfied the requirements of that statute.
7.

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and adequate” settlement as to all Settlement Class Members in accordance with Rule 23(e) of

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the Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms and

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The Court hereby finally approves the Settlement Agreement and the Settlement contemplated
thereby, and finds that the terms and conditions constitute, in all respects, a “fair, reasonable

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This Court hereby finds and concludes that the notice provided by Shred-it to the appropriate
state and federal officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. §

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The Court further finds and concludes that the Class Notice and Settlement Award distribution
procedures set forth in Paragraphs 21 through 26 and 33 through 35 of the Settlement

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The Court hereby finds and concludes that Class Notice was disseminated to members of
the Settlement Class in accordance with the terms set forth in Paragraphs 33 through 35 of the

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The Court hereby finds that the Settlement Agreement is the product of arm’s length

conditions.
8.

The Court reserves jurisdiction over all matters arising out of the Settlement Agreement.

9.

The Court approves Class Counsel’s application for $62,500 attorney’s fees.

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FINAL APPROVAL ORDER AND JUDGMENT
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10.

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Dion-Kindem, P.C. and $1,087.63 to Blanchard Law Group, APC.
11.

The Court approves the service award to Michael Kirchner in the amount of $5,000.

12.

The Court approves the payment of Settlement Administrator Costs to Simpluris, Inc. in the

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amount of $31,000.
13.

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The Court approves Class Counsel’s application for costs in the amount of $2,178.96 to Peter R.

The releases provided for in the Settlement Agreement shall and are be effective as of the
Effective Date of the Settlement Agreement.

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Finding that there is no just reason for delay, the Court orders that this Final Approval
Order and Judgment shall constitute a final judgment pursuant to Rule 54 of the Federal
Rules of Civil Procedure that is binding on the parties and the Settlement Class. The Clerk
of the Court is directed to enter this Order on the docket forthwith.

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Dated: October 20, 2015

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FINAL APPROVAL ORDER AND JUDGMENT
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